Monthly Archives: July 2016
One of the most worrisome things about declaring bankruptcy is finding a good lawyer that you can trust. After all, if you go to a bankruptcy lawyer who makes money by helping people file bankruptcy, can you really expect to get honest advice? Isn’t the lawyer simply going to want to try and convince you to declare bankruptcy so he can get a commission?
Well, let’s talk about one way to avoid getting ripped off when trying to find a bankruptcy lawyer. You may want to consider actually paying for your initial consultation so you can get some honest, objective advice regarding your case. If the lawyer offers you a free consultation, that means you won’t actually pay money unless you end up filing for bankruptcy.
In order to get the best advice possible, it might be a good idea to go ahead and pay a consultation fee so the lawyer gets paid whether or not you decide to declare bankruptcy. While there are no guarantees, this can increase your chances of getting good honest advice from an attorney.
You also want to make sure that you’re choosing a lawyer who specializes in bankruptcy and has kept up with recent developments in the bankruptcy code. Recent changes to the law made by Congress have made the process more complex and really require a competent lawyer. Going through the process by yourself is pretty much out of the question these days, and lawyers have to continually keep up with developments as judges make new rulings concerning the complex bankruptcy code.
If a lawyer tells you that your case is a run of the mill case or is going to be a cakewalk, you may want to look elsewhere for your legal advice. Every bankruptcy case is unique and should be studied in detail. You want to get the best advice possible. You first want to make sure the bankruptcy is the best option in your situation, and then you want to go to the process as smoothly and efficiently as possible.
Where family laws are concerned, the constitution often regards the plaintiff, especially a minor with sensitivity and care. Some children have to face the brunt of broken families, divorces, illegitimate affairs, etc., which leaves them at the mercy of a guardian or parent. But when that person also shrugs off his/her responsibility and stops caring for the child, then a case of abandonment arises.
Child abandonment is the act of leaving a child below the age of 18 on his/her own, without the supervision of an adult for a particular period of time which is considered as inappropriate. An abandoned child is termed as a foundling. If the parent or guardian has no physical contact or communication with the kid during this period, and has given no financial support and has deserted the kid with the intention of forsaking, then the parent is culpable, according to the law.
Child and the Law
When a child is observed to be abandoned, the first priority should be to notify the authorities who will bring in social services to ensure his/her safety and well-being. Mostly, an abandoned child is seen wandering around the place of his/her dwelling and behaving peculiarly, which attracts the attention of the neighbors. Child abandonment is a felony and anyone accused of this crime is punishable by law.
When a person is being tried in courts for abandoning a child, the following points are considered, to decide the intensity of his crime.
- The age of the child matters a lot in such cases as toddlers or babies need constant attention of the guardian and leaving them for even a few minutes unsupervised can lead to bodily harm.
- The health of the child, both physical and mental is of consequence here.
- The duration for which the kid is left without parental supervision.
- The place where the child is abandoned. E.g. if a newborn is left in the dumpster by the mother, then she is guilty for this crime.
- The condition in which the child is abandoned, like if the child is in bounds and kept locked in a room or whether the child is given sufficient food and water to survive on his own.
- Whether any other factor could have endangered the life of the child. For example, leaving a child in a room which is susceptible to fire hazards is a case of gross negligence on the part of the parent.
- If the child was left under the supervision of any other adult. Moreover, physical and mental health of that person is assessed too.
- Whether the parent or guardian was forced to leave the child because of economic problems, health problems or any
other problem which made the parent incapable for caring for the child is also considered.
A person found guilty of deserting a child which resulted in physical injury or mental agony to the child can be charged with the counts of homicide, manslaughter, and aggravated abuse or custodial sentence. However in some states, baby abandonment is legal, that is, a newborn baby can be deserted by the parent for a period of seven days from the day of his birth in specific locations like hospitals and fire stations. The objective behind such a law is to reduce the dangerous practices which parents are compelled to follow due to their inadequacy in raising a child.
Reasons for Abandonment
An abandoned child is also called social orphan by some people. That means the parents of such a child are alive but have shirked off their responsibilities. Not only does it poses a physical danger to the child, but also can lead to impaired psychological development. In the 1900 century, kids living in the streets of London were called ragamuffins. Nowadays, they are named as street children or homeless kids.
The reason behind their abandonment is often cited as poverty. However, there are also other factors that are at play here. Young parents might feel that they are incapable to share the burden of a raising a baby. Sometimes the mother and/or father who go down on this path turn out to be dealing with substance addiction, criminal offenses, health or/and some psychological issues. Also, the mother might be afraid of rejection/violence from her spouse which makes her take this drastic step. There is a “moral pressure” on the young mothers who are afraid or unaware to do something about their undesired pregnancy. Such a pregnancy can lead the parents to abandon the baby as he is not a part of their future plans (for example: studies, marriage, job, etc.).
Child abandonment is governed by the state laws. As every state has different definitions for abandonment, these laws also vary. Gradually, more states are looking forward to legalizing abandonment.
One gets enrolled in a law school only after working hard and fulfilling numerous exacting requirements. The first year in an institution teaches you, along with other things, whether your school is a right place for you. You also come to know if the city you have moved to, is a suitable place for you or not. Some of the students, to their misfortune, find that not everything is to their taste, and It is then that they start thinking about transferring to another school. However, that is easier said than done.
Most of the time, the reason behind the decision is the ambition, which can be translated to a student’s wish to do better in the future. Some students want the transfer because they think that by doing so, they will have a better chance of being recruited by one of the bigger law firms. In fact, some of the firms do believe that these candidates prove themselves to be better lawyers, as they are focused on forging a successful career right from the first year.
Some Helpful Tips
While mapping the ‘when’, ‘how’, and ‘where’ aspects of transferring to new schools, students should keep in mind the following useful points:
- Get in touch with the admissions department of the institute you want to join. Understand that each school follows different principles and have different policies regarding accepting students from other colleges.
- Take advice from the officials in your current school about how one can go about the process.
- In some cases, the applications of transfer must go through the Law School Admission Councils. Be sure to acquire an original Law School Data Assembly Service (LSDAS) from the council.
- Whether you have scored a very high grade point average (GPA) in LSAT or not, does not have any say when you are trying to get transferred. In this case, your performance or the class rank for the first year in your current law school is the only support to lean on.
- The schools that you will apply to for the transfer will certainly ask for a character reference or letter of good standing from you.
- Request letters of recommendations from your professors, especially from the ones who have been helpful to you or think favorably about you. These letters will prove to be a helping hand for you in gaining entry in the new institute.
- Official transcripts and a personal statement or an essay, submitted with your application, will prove useful in stating why you are considering a transfer in the first place.
- Keep aside snide remarks and rude suggestions about your current college, out of the essay.
- A document or letter from your current school clarifying the fact that you are not on an academic probation will be necessary/helpful.
- After collecting all the documents, submit them along with the application.
- You may have to pay a transfer application fee, depending on the regulations of the school you are applying to.
Your reasons for applying for a transfer must be thought out thoroughly, as it may lose you some credits that you have gained with your hard work. You will lose your friends and associates that you have made during the past year, and you will have to start rebuilding your social life in the new place right from scratch. All in all, transferring to another law school is a tall order you are subscribing to, so think again, and if you are set on it, choose wisely.